First, we offer our sincere condolences for the loss of your loved one. We understand the great difficulty the passing of a loved one can cause. Please do not hesitate to ask specific questions about any problems encountered that are not explained here. As we are not legal professionals, we do not give out legal advice. As a public service we are here to help you. As Personal Representative of a Full Estate [Full Estate has a value of $45,000 or contains real estate] you are appointed to settle and distribute the estate of the decedent in accordance with the terms of the Will, if one exists or according to the terms under the SC Probate Code (Section 62-3-703) as expeditiously and efficiently as is consistent with the best interest of the estate. The following information is furnished to assist you during the course of your administration. 

Office hours are Monday – Friday from 8:30AM – 5:00PM, PLEASE CALL AHEAD to schedule an appointment for all Estate matters.

There will be a $25.00 Opening Fee (make checks payable to Saluda County Probate Court) for Full Estates due at the time of the first appointment.

STEP 1. APPLICATION AND OPENING OF AN ESTATE 

1. Appointment as Personal Representative: At the time of your first appointment we will meet to discuss the estate process with you. The Staff is willing to look over any paperwork and discuss any questions or concerns that you may have. Your Appointment as Personal Representative will happen at this appointment if you have all correct documentation. Please complete Form 300ES to the best of your ability/as much as possible.
2. Application for Probate (Form 300ES): Is the mandatory legal document used to initiate the administration of a deceased person's Estate.
3. Notice to Creditors (Form370ES): Shall be published in a newspaper of general circulation for three successive weeks. There is a fee for this publication. The Twin City News mailing address is 114 E Columbia Ave, Batesburg-Leesville, SC 29006. The cost of this publication is $30.00 which will be due at the time of your first appointment as well. Make Checks payable to Twin City News. You may notify the Advertiser, Newberry Observer or the Index Journal.  If you wish to take the payment to the paper, then you will be responsible for making sure that we receive the completed Notice to Creditor Form from the paper for the Probate File.
4. Estate Account:  If the Court requires that an Estate Account is to be opened, you will need to go online to apply for an EIN number. Go to this website: https://sa.www4.irs.gov/modiein/individual/index.jsp and select Apply for Employer ID Number (EIN). THIS SERVICE IS FREE.
5. Bond:  A Bond is required in any of the following circumstances: 

• Appointment of a Personal Representative NOT named in the Will (unless they are the sole devisee); 
• Appointment of a Personal Representative of an intestate estate (unless they are the sole heir); 
• If it is expressly required in the Will for the Personal Representative; 
• Demanded by an interested party. 

Bond may be waived if all heirs and devisees sign a Waiver of Bond (Form 344ES).

STEP 2. ADMINISTRATION OF THE ESTATE

1. Information to Heirs (Form 305ES): S.C. Probate Code Section 62-3-705 requires that all Heirs and Devisees be notified of your appointment within 30 days. A Proof of Delivery must be completed and filed with the Court.

2. Inventory and Appraisement (Form 350ES): Within 90 days of appointment, the Personal Representative must file an Inventory and Appraisement (Form 350ES). This form provides a summary of the assets of the estate and their values. You must list all the Decedent’s Real Property including property located out of the County and State.  If circumstances arise and the Inventory and Appraisement cannot be filed on time, a Motion for Extension (Form 352ES) must be filed to prevent any penalties against the estate and the Personal Representative individually.

   Once the Inventory and Appraisement is filed, The Probate Court costs are determined and due. The estate remains open until the creditor’s claim period expires. 

   Probate Fee: This is a state mandated fee based on the value of the estate assets. This fee is required to be paid when the Inventory and Appraisement is filed with the Probate Court.

       State regulated Probate fees: 

      PROPERTY VALUE:                         FEE AMOUNT:

       $0 -$4,999                                           $25.00

      $5,000 - $19,999                                 $45.00

      $20,000 - $59,999                               $67.50

      $60,000 - $99,999                               $95.00

      $100,000 - $599,999                           $95.00 plus .0015 x amount over $100,000

      $600,000 – unlimited                          $845.00 plus .0025 x amount over $600,000

3. Creditor Claims: The Creditor claims period expires eight (8) months after the first publication of the Notice to Creditors. All claims should be allowed or disallowed by the Personal Representative within sixty (60) days of the presentment of the creditor’s claim or within fourteen (14) months from the decedent’s death, whichever is later. 

   The Personal Representative must serve the Notice of Allowance/Disallowance (Form 372ES) on the creditor. A copy of the Notice, along with a Proof of Delivery (Form 120PC) must be filed with The Probate Court. Before proceeding to Step 3, resolve all claims that are filed against the estate.

   Ancillary/Exemplified Packet: If the decedent owned real estate located in another County/Counties (ancillary) and/or State(s) (exemplified) a packet of Court Certified copies of Estate filings will need to be mailed to the other County and/or State. The cost of this Packet is $20.00 for Saluda County Probate Court.

STEP 3.  CLOSING THE ESTATE 

1. Final Accounting (Form 361ES): Once all real estate and personal property have been transferred, as Personal Representative you will be responsible for completing the Final Accounting. This is the full accounting of all money that was handled by the estate or any activity that has taken place within the estate account (if this applies to you). Final Accounting is generally due one year from the Personal Representative’s appointment date. Please make an appointment to complete the Final Accounting and Closing Documents- if you need assistance. We will most likely contact you when it is time for this process.
2. Federal Income Tax: for both the individual and Estate – check with a CPA or Income Tax Advisor for your Tax questions.
3. Personal Representative Commission: For completing the duties assigned and required by the Court, you are entitled to receive compensation. The amount of commission allowed cannot exceed five (5%) percent of the appraised value of the personal property of the estate, plus the sale proceeds of real property directed by the Will or proper court order.
4. Personal Property Transfers: Also, you will need to make certain that all of the automobiles, bank accounts, stocks, bonds, etc. have been transferred out of the decedent’s name prior to closing the Estate. If not, the Estate will have to be re-opened at a later time to make the transfers and fees will apply. 
5. Deed of Distribution (Form 400ES): After the eight months of the Notice of Creditor’s claim has expired, it is your responsibility to proceed to transfer the real property out of the decedent’s name. The Court highly advises that you please contact the Attorney of your choice to help with preparing the Deed of Distribution. Make sure Ancillary/Exemplified Packets have been issued for all property located outside of Saluda County. Once the Deed(s) is/are completed, we will receive a copy from the Clerk of Court’s office after it has been recorded with their office, we will then proceed with the discharge/closing of said Estate. 
6. Receipt & Release with Waiver (Form 403ES): This form acknowledges heirs and devisees’ receipt of distribution of assets. 
7. Proposal for Distribution (Form 410ES): This form is used to outline how the remaining assets of a decedent’s estate will be distributed to beneficiaries after debts, taxes, and expenses are paid.
8. Application for Settlement (Form 412ES): This form asks the Court to approve the distribution of estate assets, approve the accounting, and discharge the Personal Representative.
9. Notice of Right to Demand Hearing (Form 416ES): This form informs heirs, devisees, and interested parties of their right to contest estate closing documents—such as the final accounting or proposal for distribution—within 30 days of receiving notice. 
10. Proof of Delivery (Form 120PC): This form officially confirms that interested parties (heirs, devisees) have received required legal documents, such as notifications of an estate appointment, Probating of the Will, or the Estate Closing documents as mandated by law. 
11. Termination of Appointment (Form 414ES): If no Hearing is requested, after thirty days (30 days) from the delivery of the closing documents – the Court will issue a Termination of  Appointment as Personal Representative and the estate will be closed.

CONTACT:  If you have any questions about these instructions, please contact the Estate 

Clerk’s; Joanna Wideman at j.wideman@saludacounty.sc.gov or 864-445-4500 Ext. 2219

Or Holly Wohlman at h.wohlman@saludacounty.sc.gov or 864-445-4500 Ext. 2219

COMMON PROBATE TERMS

Decedent - person who passed away. 

Testate - decedent has a Will. 

Intestate - decedent does not have a Will. 

Heirs - persons who are entitled under the statute of intestate succession to the property of the decedent. 

Devisees - persons designated in a will to receive. 

Informal Proceedings - proceedings for Probate of Will and/or Appointment of Personal Representative commenced by application without notice to interested parties. 

Formal Proceeding - proceedings commenced by filing Summons and Petition with the Court and service of the Summons and Petition upon all interested parties. Formal proceedings are administered and subject to the Rules of Civil Procedure for the circuit courts and other rules of procedure in The Probate Code. 

Fiduciary - a Personal Representative, Guardian, Conservator, and Trustee. 

Interested Person - heirs, devisees, children, spouses, creditors, beneficiaries, and any other having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person which may be affected by the proceeding.

PROBATE FORMS ARE AVAILABLE ONLINE AT: https://www.sccourts.org/court-forms/

 PLEASE NOTE - The Probate Staff is not allowed to give legal advice. We are here to accept the filing of documents and ensure the estate is handled appropriately. After meeting with you at your opening appointment, the Probate Staff may suggest to you that this is an estate that should be handled by an attorney.